THIS REPORT RELATES STIRLING COUNCIL TO ITEM 5 ON THE AGENDA
STIRLING COUNCIL GOVERNANCE
22 APRIL 2010 NOT EXEMPT
OUTDOOR DRINKING BYELAWS - EAST SIDE OF LOCH LOMOND PROPOSED EXTENSION AND REVISALS OF BYELAWS
1 SUMMARY
1.1 The Council has Byelaws prohibiting the drinking of alcohol in public places. The Byelaws came into force on 10 August 1998. Since that time the Byelaws have been extended to cover many towns and villages in the Council area.
1.2 Buchanan Community Council has expressed an interest in having the Byelaws extended to cover the east side of Loch Lomond. The proposed extension is shown outlined in orange on the two Plans attached to this Report (Appendix 4). The proposed extension runs from the outskirts of Drymen along the B837 to a point beyond Rowardennan Lodge and includes Buchanan Smithy, Milton of Buchanan, Buchanan Castle, Balmaha and Rowardennan.
1.3 It is also proposed to revise the terminology of the Byelaws. The purpose of the revisals is to reflect statutory changes in liquor licensing legislation.
1.4 If the Council agrees to extend and revise the Byelaws as proposed in this Report, these will need to be agreed by the Scottish Government and advertised to allow for objections or representations to be made. It will then be for the Scottish Ministers to decide whether or not to confirm the amendment to the Byelaws.
2 RECOMMENDATION(S)
The Council is invited to:-
2.1 approve the proposed extension to the Byelaws to the area on the east side of Loch Lomond shown outlined in orange on the Plans attached to this Report (Appendix 4);
2.2 approve the revisals to the Byelaws necessary to reflect statutory changes in liquor licensing legislation (Appendix 2); and
2.3 direct Officers to advertise the proposed extension and revisals to allow for objections and representations to be made and to seek confirmation from the Scottish Ministers for the proposed extension and revisals and, subject to the terms of the Scottish Ministers’ confirmation, to do all that is necessary to implement the proposed extension and revisals to the Byelaws;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\REPORTS\2010\SC20100422ITEM05BYELAWS.DOC 3 CONSIDERATIONS
3.1 There are Byelaws in force in a number of towns and villages across the Council area prohibiting the drinking of alcohol in public places (Appendix 1). The statutory power allowing the Council to make such Byelaws is contained in Sections 201, 202 and 203 of the Local Government (Scotland) Act 1973.
3.2 Buchanan Community Council has requested the Byelaws be extended to cover the east side of Loch Lomond. The proposed extension covers Buchanan Smithy, Milton of Buchanan, Buchanan Castle, Balmaha and Rowardennan. The proposed extension is also supported by Loch Lomond & The Trossachs National Park Authority, Central Scotland Police, Buchanan Community Partnership and the Forestry Commission. The District Procurator Fiscal at Stirling has indicated that he has no concerns with the proposed extension being presented to the Scottish Ministers for their consideration.
3.3 The proposed extension to the Byelaws is part of a comprehensive strategy for managing visitors to the east side of Loch Lomond which strategy includes a proposed Camping Byelaw upon which Loch Lomond & The Trossachs National Park Authority are currently consulting.
3.4 Fiona MacCallum, Analyst in the Council’s Anti Social Behaviour Team, prepared a Review of Area proposed by Buchanan Community Council as an Alcohol Prohibition Area. A copy of the Review and relevant Plans are attached to this Report (Appendices 3 & 4). The Review demonstrates the need for such an extension to the Byelaw to tackle drink-related anti-social behaviour in the area. The anti-social behaviour caused by outdoor drinking in this area is adversely affecting both the visitor experience and life for people living and working there.
3.5 The Licensing (Scotland) Act 2005 came fully into force on 1 September 2009. This Act replaces the Licensing (Scotland) Act 1976 on which the existing Byelaws are based. The 2005 Act uses different terminology to that in the 1976 Act. It is proposed that the existing Byelaws be revised to reflect the new terminology.
3.6 If the Council decides to make the proposed extension and revisals to the Byelaws, these will be submitted to the Scottish Government and advertised in the local press to allow people to make representations or objections to the Scottish Ministers. The Scottish Ministers will then decide whether to confirm the proposed extension and revisals to the Byelaws, or, if there are objections, to amend them or hold a public inquiry. In confirming the proposed extension and revisals to the Byelaws, the Scottish Ministers will set the date for them coming into force.
4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS
Policy Implications Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Corporate/Service Plan No Existing Policy or Strategy Yes Risk No Resource Implications Financial Yes People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes
Policy Implications
4.1 This proposal has a direct impact on making communities safer and tackling antisocial behaviour.
Resource Implications
4.2 The main resource implication will be in erecting signage in the affected areas but this will be minor and met from existing budgets.
Consultations
4.3 Consultations have been conducted with Buchanan Community Council, Loch Lomond & The Trossachs National Park Authority, Central Scotland Police, Buchanan Community Partnership, Forestry Commission, District Procurator Fiscal at Stirling and the Scottish Government.
Author
Name Designation Tel No/Extension
Peter Dow Solicitor 01786 443467
Approved by Name Designation Signature
Hazel McMorrow Head of Governance
Date 7 April 2010 Reference PD/0/2/8